Maintenance (Alimony)

Are You Seeking Colorado Spousal Support?

Pursuant to statute, “Alimony,” called "maintenance" in Colorado, is financial support that one spouse in a divorce case may be required to pay for support of the other. Unlike child support, which is for the financial support of the children, alimony is specifically geared towards assisting one party in the case with his or her financial needs and living expenses. At Plog & Stein, P.C., our Denver alimony attorneys recognize that alimony can be a complex part of any divorce case. If you need help petitioning for alimony, let us put our more than 70 years of combined experience to work for you!

In any Colorado divorce case, the issue of spousal support can be significant. Statute authorizes a temporary award of maintenance while a case is pending, in recognition of the fact that people may need financial help from their spouse in the immediate. Statute also authorizes an award of long terms maintenance to run for an amount of time after the divorce case is concluded. The alimony lawyers at our Denver firm are well versed in either situation.

In the past, alimony, or “maintenance,” was somewhat of a gray area in that parties to a Colorado divorce were faced with alimony being decided based on the judge’s subjective discretion as to whether spousal support was warranted, the monthly amount, and the duration of the marriage. Commencing in 2014, Colorado statute changed when the legislature adopted a maintenance formula applicable to cases in which the combined adjusted gross income of the parties was less than $360,000 per year. The specific formula is 40% of the higher earner's monthly income minus 50% of the lower earner's monthly income. Though the formula is not mandatory, courts are encouraged to use it, and if they don’t, they must state specifically why not. The attorneys at Plog & Stein have seen a trend over the last couple of years in which most Denver metropolitan area divorce courts are utilizing the formula.

In cases in which a family’s income is $360,000 per year or more, the gray area still exists. In either scenario, the following factors should still be assessed:

Income of the parties

Length of marriage

Standard of living attained during the marriage

Whether one party is caring for small children

Property awarded to each party

The earning potential of each party

These factors are of particular importance to higher income families. The legislature also enacted a time table which sets forth the duration of alimony based on the length of marriage, for marriages of 20 years or less. The time table caps out at 50% of the length of the marriage. For marriages over 20 years, the duration will likely be at least half and potentially longer.

C.R.S. 14-10-114(4) authorizes a court to enter orders for temporary alimony, to run during the duration of a divorce or legal separation case. The 40%/50% formula applies. The time table does not. In recognition of the fact that temporary orders are “temporary,” statute specifically indicates that a determination of temporary maintenance will not prejudice either party for purposes of determining permanent orders, meaning maintenance for after the decree of dissolution or legal separation enters. Thus, temporary alimony should not affect alimony decided at your final hearing. As resources and funds can be scarce for both parties while their case is pending, getting fair and appropriate temporary orders matters. Sometimes, various expenses, such as housing or car payments, can be paid in lieu of an actual monthly monetary alimony figure.

As alimony attorneys in the Denver area, we try to take the "gray" out of the equation by formulating general rules of thumb to go by. We also try to obtain an educated feel for each judge in terms of how he or she may view alimony. With multiple counties in the Denver area, alimony rulings can vary. A judge in an Arapahoe County divorce may rule entirely differently from a judge in Jefferson County. Each case is truly individual, though general assumptions can help you gain a better idea of what to expect.

Types of Alimony: Contractual & Court-Ordered

In terms of maintenance at the time of decree, there are generally two types of alimony: contractual/non-modifiable or court- ordered. If your divorce case ultimately ends up being resolved by a hearing in front of a judge, that judge will enter an order indicating a specific amount of alimony for usually a specific amount of time. If alimony is decided by the judge, the court retains jurisdiction to modify the alimony award should circumstances change significantly, pursuant to C.R.S. 14-10-122. With contractual/non-modifiable alimony, the parties generally agree to a specific amount and duration, and usually agree that the court is divested of jurisdiction to modify. Our legal team will help you determine if your case is an alimony case, what is fair to you, and whether contractual or court ordered alimony best suits your financial situation.

You should also be aware of the following:

In Colorado, once alimony is waived, that waiver is forever. Thus, one should be certain before waiving the right to receive maintenance, as he or she will be precluded from returning to court to seek it at a later date.

Alimony generally ceases with the death of either party or remarriage of the recipient.

In most instances, alimony is tax deductible to the payer and counts as income to the recipient for tax purposes.

A Denver Alimony Lawyer Can Help You With Your Case!

Our attorneys can assist you with assessing and litigating the alimony aspects of your divorce case. This will include a thorough analysis of your financial situation, mapped up with the statutory factors indicated above. We can also determine whether an occupational evaluator or other expert is needed regarding the issues of alimony and your spouse’s income potential. We can readily help with securing the support you need or defending against an unreasonable alimony request. Our attorneys understand that your ability to make it financially hinges on the outcome of your divorce case and orders regarding alimony.

Have questions about obtaining alimony? Contact our office as soon as possible to obtain the answers you need.

His passion and ferocity kept me going through this long ordeal.When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation. Carolyn

★★★★★

I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation. Tom

★★★★★

At the end of the day he was able to produce a settlement that was fair to both parties.I highly recommend Stephen Plog for anyone in need of a top notch domestic relations attorney. After a 27 year marriage, Stephen represented me in a complicated and sometimes bitter divorce with many unique challenges. At the end of the day he was able to produce a settlement that was fair to both parties but limited my alimony payments to only 3 years. He is smart, cuts to the chase, knows the court system in the Denver metropolitan area and can be trusted to get his clients the best possible settlement. Neal

★★★★★

Their service was outstanding, with prompt responses to all of my questions.Sarah McCain and Plog & Stein were wonderful to me during such a difficult time in my life. Their service was outstanding, with prompt responses to all of my questions and creative ideas throughout the proceedings to help things go smoothly. Sarah's compassion, patience, and expertise were especially invaluable to me. I highly recommend them. Sandy

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

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We serve clients throughout the State of Colorado including, but not limited to, those in the following localities: Denver County including Denver; Arapahoe County including Aurora, Centennial, Greenwood Village, and Littleton; Broomfield County; Douglas County including Highlands Ranch, Parker, Castle Rock, and Franktown; Jefferson County including Lakewood, Arvada, Wheat Ridge, and Golden; Adams County including Brighton, Westminster, Northglenn, and Thornton; Boulder County; Elbert County including Elizabeth and Kiowa; El Paso County; Weld County; Larimer County.